The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1887-04-28
Ehae SAaerala aud 0SeWs.
PUBLISHED
EVERY THURSDAY AT
NEWBERRJ.. S. c. : e.
Judge Kershaw on Lynch Law.

quarters concerning a recent case OF
lynching. In regard to that, there is
no question at all that lynch law is
an evidence of low state Of civil
zation.
no country can claim to be
in a high state Of enlightenment
and civilization and good order,
that tolerates resort to lynch
law. The courts are open for the trial
of all offences. Whenever case is
made out, 1t ought to go through the
regular channel for investigation. If
the Judges are faithful, if the Juries
are faithful, and the witnesses are
faithful, there can be no trouble IN
convicting them.
There has been time in the his
tory of the State that there was good
cause for complaining OF the mode OF
administering justice, which pre-
vailed at one..time, and it was sup
posed then. and with q good show Of
reason. that q resort to lynch law was
necessary,-but that is pas, and the
best people have control of all public
matters. They control the jury box
and the Judiciary, they have the
right to choose them through their
representatives, and there is no rea-
son, no possible excuse, for not being
willing to submit every case that
occurs to the arbitrament of the Judi.
cial tribunal and I have Away within
the limits Of my influence, and ac'
cording TO such ability as I had, en-
deavored to impress these views upon
the people Of the State. There was.
some years ago, an opportunity Of
fered me when l was quite young in
the position | Lold now, when my
first term Of. .servicesbegan as a judi
cial officer, CT presenting to theGTand
Jury in Richland these views, more
at large than l have presented you.
An offence had taken place Of spc-
cial and most criminal character
that concerning the purity Of woman,
so near and dear to the hearts Of all,
and that it was justified by the enor-
nifty of the offence. II was argued
and insisted upon that in regard to
that particular offence, on account Of
its Nervousness, that the only proper
mode was g resort to summary pun
ishment By the people. Now there
is g very strong reason why that par
ticular offence might be msde the
subject of resort to summary pun
ishment; there was, at least, some.
thing. an excuse OF passion for the
visitation upon the heads of the Of
tenders at that time. I said then
what I say now, that there was no.
thing that could justify a resort to
lynch law under well ordered and
well governed country. I went on to
say that there was no telling where
this thing would end, because they
were wholly irresponsible, they made
no investigation Of the offence; the
very nature of the offence, most Eor
rible as IT was, was calculated to
blind the judgment of the people. TO
charge a person with so enormous an
offence as that is, is sufficient to
create in the minds of the people
belief of guilt. They haven't that
sober and deliberate control Of rea-
son, which is necessary to determine
whether the case is made out beyond
reasonable doubt against the party,
so in this case, said what am now
repeating to you, and I said then, if
we condone an offence of that kind
in regard to one class of crime-that
most horrible kind of crime to which
I referred, that We had no means of
controlling and limiting it to that one
offence. but that the tendency Of it
was to shake the confidence of the
people in the ability Of the Courts TO
punish crime, and it could 60 from
one crime to another, aid there would
be no limit to this kino Of so called
Justice, and such is the case, from
being confined to one crime it has
now gone to another.
Take that case in Yorkville. to
which I allude, there could not Lave
been any reason, upon any kind Of
proof that would have justified the
conviction Of the parties with that
offence, why the law could not have
taken its course.
I see nothing in that case at all to
warrant resort to lyuch Law. 1t
only shows that the people are mob
when they 60 to lynch law, and like
3 mob, resort to the enforcement of
law without reflection and reason,
and it will so on until the people by
their assertion Of the right that some
public sentiment shall prevail.
These thoughts have been sug-
gested by q perusal OF the morning